Narayan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 20951 MP

Madhya Pradesh High Court

Narayan Singh vs The State Of Madhya Pradesh on 11 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 1 of 2020
                                       (NARAYAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                 Shri Eshaan Datt - Advocate for the appellants.

                                 Ms. Seema Sahu - P.L. for the respondent/State.

Heard on I.A. No.9964 of 2020, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellants arising out of judgment dated 27.11.2019 delivered in SC NDPS No.17/2017 passed by

Special Judge,(NDPS) and Additional Sessions Judge to the Court of Ist Additional Judge Raisen (MP).

The appellants have been convicted for the offence punishable under Section 8 r/w Section 20(b)(ii) of NDPS Act and sentenced to undergo RI for ten years with fine of Rs.1,00,000/- each and under Section 8(b) r/w 20(ka) of NDPS Act and sentenced to undergo RI for 5 years each with fine of Rs.50,000/- each with default stipulations.

Learned counsel for appellants submits that trial court has committed grave error in passing the order for convicting the appellants. There is no

cogent and plausible evidence against the appellants for causing the alleged occurrence. Allegations are patently false, frivolous and afterthought. Conviction and sentence of appellant is bad in law and there are so many omission and contradictions in prosecution witnesses. Appellants have suffered more than half of the sentence. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellants may be suspended.

Learned Panel Lawyer opposed the prayer on the basis of objection and submits that trial court has passed the order after proper appreciation of

evidence.

Heard the counsel for the parties and perused the record. Considering the facts and circumstances of the case and period of detention and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellants.

Accordingly, I.A. No. 9964 of 2020 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellants is hereby suspended and it is directed that appellants be released on bail on their furnishing a personal bond for a sum

of Rs.1,00,000/- (Rupees one lakh only) with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Raisen on 22th of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

(HIRDESH) JUDGE

Akm